New Delhi: Members of the Geneva-based World Intellectual Property Organization (WIPO) have reached an agreement under which it will be mandatory for patent applicants to disclose the country of origin or source of genetic resources if the claimed invention is based on those materials or related traditions. Is. Knowledge.
This treaty will provide additional protection to Indian genetic resources and traditional knowledge. Although these are currently protected within India, there is potential for abuse in countries that do not have disclosure obligations.
There is no mandatory provision in the present patent law requiring patent applicants to disclose the country of origin or source where the invention is based on genetic resources.Currently, only 35 countries have some form of disclosure obligations, most are not mandatory and do not have appropriate restrictions or measures in place for effective implementation.
The new treaty was adopted on 24 May at WIPO headquarters in Geneva after 192 countries and 86 observers participated in two weeks of negotiations from 13–24 May at a diplomatic conference.
This treaty will require contracting parties, including developed countries, to make changes to their existing legal frameworks to impose disclosure of origin obligations on patent applicants.
Genetic resources (GR) exist in things like medicinal plants, agricultural crops and animal breeds. While genetic resources cannot be directly protected as intellectual property, inventions are developed using CAN, mostly through patents.Some genetic resources are also linked to traditional knowledge (atk) through their use and conservation by indigenous peoples as well as loka communities, often over generations. This knowledge is sometimes used in scientific research and, thus , may contribute to the development of a protectable invention).
The WIPO Treaty on “Intellectual Property, Genetic Resources and Associated Traditional Knowledge” is an important victory for countries of the Global South and for India, a biodiversity hotspot with an abundance of traditional knowledge and wisdom.
“This treaty also marks a major win for India and the Global South which has been a long-time supporter of this instrument. For the first time, the system of knowledge and intelligence that has supported economies, societies and cultures for centuries, now includes Has joined." Global IP (intellectual property) system, the official said.For the first time, the relationship between local communities and their GR ATK has been recognized in the global IP community.
"These are historic achievements long championed by India as a provider of traditional knowledge and wisdom and a repository of biodiversity," the official said. He said that after two decades of negotiations, the treaty was ratified by consensus in multilateral fora. Has been adopted from. More than 15 countries.
Most developed countries generate IP by using these resources for research and innovation.
"The Treaty upon ratification and entry into force will require the contracting parties to have mandatory disclosure obligations for the patent applicant to disclose the country of origin or source of the genetic resources when the claimed invention is based on genetic resources or related traditional knowledge, The officer said.
By creating a global standard on disclosure of origin obligations, this agreement creates an unprecedented framework within the IP system for countries that are providers of genetic resources and related traditional knowledge, the official said.Another official said, "This treaty imposes higher standard obligations on the applicant than the existing Patent Act and hence when India ratifies this treaty it will be necessary to introduce these obligations in the Patent Act to comply with the treaty." Changes have to be made.”
The official said that through this treaty, for the first time, traditional knowledge and genetic resources have been formally recognized within the global intellectual property system.
WIPO is the global platform for IP services, policy, information and cooperation. It is a self-financing agency of the United Nations with 193 member states.
Members include both developing and developed countries such as India, Italy, Israel, Argentina, Austria, Bhutan, Brazil, China, Cuba, Egypt, Pakistan, US and UK.
This treaty will provide additional protection to Indian genetic resources and traditional knowledge. Although these are currently protected within India, there is potential for abuse in countries that do not have disclosure obligations.
There is no mandatory provision in the present patent law requiring patent applicants to disclose the country of origin or source where the invention is based on genetic resources.Currently, only 35 countries have some form of disclosure obligations, most are not mandatory and do not have appropriate restrictions or measures in place for effective implementation.
The new treaty was adopted on 24 May at WIPO headquarters in Geneva after 192 countries and 86 observers participated in two weeks of negotiations from 13–24 May at a diplomatic conference.
This treaty will require contracting parties, including developed countries, to make changes to their existing legal frameworks to impose disclosure of origin obligations on patent applicants.
Genetic resources (GR) exist in things like medicinal plants, agricultural crops and animal breeds. While genetic resources cannot be directly protected as intellectual property, inventions are developed using CAN, mostly through patents.Some genetic resources are also linked to traditional knowledge (atk) through their use and conservation by indigenous peoples as well as loka communities, often over generations. This knowledge is sometimes used in scientific research and, thus , may contribute to the development of a protectable invention).
The WIPO Treaty on “Intellectual Property, Genetic Resources and Associated Traditional Knowledge” is an important victory for countries of the Global South and for India, a biodiversity hotspot with an abundance of traditional knowledge and wisdom.
“This treaty also marks a major win for India and the Global South which has been a long-time supporter of this instrument. For the first time, the system of knowledge and intelligence that has supported economies, societies and cultures for centuries, now includes Has joined." Global IP (intellectual property) system, the official said.For the first time, the relationship between local communities and their GR ATK has been recognized in the global IP community.
"These are historic achievements long championed by India as a provider of traditional knowledge and wisdom and a repository of biodiversity," the official said. He said that after two decades of negotiations, the treaty was ratified by consensus in multilateral fora. Has been adopted from. More than 15 countries.
Most developed countries generate IP by using these resources for research and innovation.
"The Treaty upon ratification and entry into force will require the contracting parties to have mandatory disclosure obligations for the patent applicant to disclose the country of origin or source of the genetic resources when the claimed invention is based on genetic resources or related traditional knowledge, The officer said.
By creating a global standard on disclosure of origin obligations, this agreement creates an unprecedented framework within the IP system for countries that are providers of genetic resources and related traditional knowledge, the official said.Another official said, "This treaty imposes higher standard obligations on the applicant than the existing Patent Act and hence when India ratifies this treaty it will be necessary to introduce these obligations in the Patent Act to comply with the treaty." Changes have to be made.”
The official said that through this treaty, for the first time, traditional knowledge and genetic resources have been formally recognized within the global intellectual property system.
WIPO is the global platform for IP services, policy, information and cooperation. It is a self-financing agency of the United Nations with 193 member states.
Members include both developing and developed countries such as India, Italy, Israel, Argentina, Austria, Bhutan, Brazil, China, Cuba, Egypt, Pakistan, US and UK.
